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Superior Court dismisses lawsuit against NSB and police officers

August 1st 4:03 pm | Alaska Newspapers Staff Print this article   Email this article   Create a Shortlink for this article

Barrow Superior Court Judge Michael Jeffery has ruled in favor of three police officers and the North Slope Borough in dismissing a lawsuit that claimed unlawful use of force by Borough police in a September 2007 incident, said a press release from the North Slope Borough.

Judge Jeffery ruled that the officers' actions were protected by qualified immunity because they were acting reasonably and within the course and scope of their employment, said the press release.

Here's more from the release:

The lawsuit was originally filed by Daniel Lum, his wife and children in December 2007, alleging that three officers—Gwen Koles (formerly Grimes), Ben Hunsaker and Lieutenant Jose Gutierrez—had used excessive force against Daniel Lum while responding to a call of domestic violence at the Lum residence.

The Lums also claimed the family was traumatized by the officers' actions against Mr. Lum. All three officers said they had used reasonable force, and challenged the claims by the Lum family that they had been injured or otherwise harmed. Later the Lum family amended their complaint, alleging that the Borough Police Department was negligent in its training and supervision of the three police officers.

The incident stemmed from a 911 call to police by a concerned friend of Ms. Polly Lum. The caller said she heard children crying in the background during a telephone call with Polly Lum, and she asked police to conduct a welfare check on the family.

Upon arrival at the apartment, the officers found Daniel Lum in a bathroom arguing with his wife, who was holding their infant daughter. Mr. Lum attempted to close the door of the bathroom on the officers, resulting in a scuffle. Mr. Lum was ultimately sprayed with pepper spray. He was later treated by medical personnel and released.

"We are very satisfied with the outcome of this case and the court's vindication of the actions taken by our officers during the incident," said borough police chief Leon Boyea.

"Domestic violence is a crime that we take very seriously," he said. "Our police officers have to be given the latitude to investigate crimes of abuse. The officers in this case followed police protocol, conducted a proper investigation, and acted appropriately afterwards to insure the well-being of the participants. We are particularly happy about the outcome because the Lums made allegations against the officers that were false, and the officers have had to wait three years to be cleared of these accusations once and for all."

 

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